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alan w houghton  
#1 Posted : 15 February 2017 16:10:18(UTC)
Rank: Super forum user
alan w houghton

Hello eveyone

Quick question my client has asked me if he can have two Principal Contractors on his warehouse at the same time

As they will both need to work inconjunction with each other I said no one needs to be Principal Contractor for the one client.

He has stated a consultant has told me he can - I would like others opinions in this matter please as I thought I was right however I may be wrong and only want to give the right advice tio my client

Thanks

johnwatt  
#2 Posted : 15 February 2017 16:37:49(UTC)
Rank: Forum user
johnwatt

Can you clarify, are we talking two seperate construction projects within the warehouse?

CDM 2015 reg 5 says: 

5.—(1) Where there is more than one contractor, or if it is reasonably foreseeable that more than one contractor will be working on a project at any time, the client must appoint in writing—

(a)a designer with control over the pre-construction phase as principal designer; and

(b)a contractor as principal contractor.

 One PC per construction project, I'd be very concerned if I had a consultant on one of my projects tell me this. 

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alan w houghton on 15/02/2017(UTC)
alan w houghton  
#3 Posted : 15 February 2017 16:53:26(UTC)
Rank: Super forum user
alan w houghton

Thanks john

Its is one project as the works is all in one warehouse

It clearly states A Principal Contractor as I would of thought as my understanding

Not sure who the consultanty is or was

ke5283  
#4 Posted : 15 February 2017 17:11:33(UTC)
Rank: Forum user
ke5283

Hi Alan, have a look at page 37 of L153 guidance on CDM regs. It mentions about having more than one PC.
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Striker84 on 15/02/2017(UTC)
johnwatt  
#5 Posted : 15 February 2017 18:09:30(UTC)
Rank: Forum user
johnwatt

Originally Posted by: ke5283 Go to Quoted Post
Hi Alan, have a look at page 37 of L153 guidance on CDM regs. It mentions about having more than one PC.

Lets be clear about this though for others reading this who may not look up the regs; this only applies where two projects are 'run independantly of one another'. 

The regulations state that 'A' principle contractor should be nominated to 'A' project. The regulations do not allow for and I have never seen multiple PC on a single project. 

RayRapp  
#6 Posted : 15 February 2017 19:55:25(UTC)
Rank: Super forum user
RayRapp

I believe you can have two PCs working on the same project on the proviso they are separated by time or distance. The real question is why you need two PCs? Could one not be the PC and the other just a contractor or  main contractor.

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Steve e ashton on 16/02/2017(UTC)
johnwatt  
#7 Posted : 15 February 2017 20:11:05(UTC)
Rank: Forum user
johnwatt

Originally Posted by: RayRapp Go to Quoted Post

I believe you can have two PCs working on the same project on the proviso they are separated by time or distance. The real question is why you need two PCs? Could one not be the PC and the other just a contractor or  main contractor.

I have never heard of such a thing? There is certainly no mention of this in the regs or ACOP? Time and distance? Time I can understand, Ie different phases of a project may require a different pricipal contractor but still only one PC is nominated at any one time. But distance?

I'd be interested to see a official reference to this somewhere? It goes against the whole idea of the PC role? 

RayRapp  
#8 Posted : 15 February 2017 21:50:38(UTC)
Rank: Super forum user
RayRapp

Where does it state that two or more PCs cannot work on the same project?

johnwatt  
#9 Posted : 16 February 2017 08:06:22(UTC)
Rank: Forum user
johnwatt

Originally Posted by: RayRapp Go to Quoted Post

Where does it state that two or more PCs cannot work on the same project?


Regulation 5 (1) (b) Constrution Design and Management Regulations 2015

Ian Bell2  
#10 Posted : 16 February 2017 08:26:59(UTC)
Rank: Super forum user
Ian Bell2

Originally Posted by: RayRapp Go to Quoted Post

I believe you can have two PCs working on the same project on the proviso they are separated by time or distance. The real question is why you need two PCs? Could one not be the PC and the other just a contractor or  main contractor.

As well as separation by time & distance (or do you mean by 'distance' - sites that are physically barried off from each other?

Additionally I would think there would need to be clearly different financial budgets for each project to show that the projects truly were separate.

Don't see how you arrive at the conclusion that there can be 2 PCs on a contract - CDM2015 is quite clear on this issue - one PC per project - as pointed out Reg 5.

RayRapp  
#11 Posted : 16 February 2017 09:02:53(UTC)
Rank: Super forum user
RayRapp

Regulation 5. -(1) does not state you cannot have more than one PC working on a project.

Indeed, upon checking the CDM guidance (L153) I found this little ditty:

117 There may be occasions where two or more projects are taking place on the same site at the same time, but are run independently of one another. Whatever the circumstances, it is essential that there is clarity over who is in control during the construction phase in any part of the site at any given time. Where it is not possible for one principal contractor to be in overall control, those principal contractors involved must:

(a) cooperate with one another;

(b) coordinate their work; and

(c) take account of any shared interfaces between the activities of each project (eg shared traffic routes).

I rest my case.

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Steve e ashton on 16/02/2017(UTC)
fhunter  
#12 Posted : 16 February 2017 09:13:07(UTC)
Rank: Forum user
fhunter

I have worked on many schemes as CDMC and PD where we had two principal contractors. In fact the biggest precendence I can think of in my own work experience for this was on the Olympic Park, although under the old regs, the approach was well known by the HSE down there. 

Also consider when building a shopping centre, such as westfield, I was working on two shop fit outs, which had their own PCs and the overall main shopping centre was being controlled by the "main" PC. 

I see no reason why having two PCs is an issue and this is certainly not the first time it would have been done. 

With that said, the big question remains is why? All desicions need to be made to promote safety as the number one priority, without knowing the ins and outs of the project it's hard to judge whether two PCs is the correct approach in this case or whether it provides uneccessary complication. 

Ian Bell2  
#13 Posted : 16 February 2017 09:44:16(UTC)
Rank: Super forum user
Ian Bell2

Originally Posted by: RayRapp Go to Quoted Post

Regulation 5. -(1) does not state you cannot have more than one PC working on a project.

Indeed, upon checking the CDM guidance (L153) I found this little ditty:

117 There may be occasions where two or more projects are taking place on the same site at the same time, but are run independently of one another. Whatever the circumstances, it is essential that there is clarity over who is in control during the construction phase in any part of the site at any given time. Where it is not possible for one principal contractor to be in overall control, those principal contractors involved must:

(a) cooperate with one another;

(b) coordinate their work; and

(c) take account of any shared interfaces between the activities of each project (eg shared traffic routes).

I rest my case.


I don't believe so - the key word is 'independently' - so each project still only has one PC etc - its semantic to some extent - but there are 2 projects, all be it physically close to each other - but each having 1 PC.

All be it a need to cooperate with each other - as (a) (b) (c) says.

johnwatt  
#14 Posted : 16 February 2017 10:00:05(UTC)
Rank: Forum user
johnwatt

Originally Posted by: RayRapp Go to Quoted Post

Regulation 5. -(1) does not state you cannot have more than one PC working on a project.

Indeed, upon checking the CDM guidance (L153) I found this little ditty:

117 There may be occasions where two or more projects are taking place on the same site at the same time, but are run independently of one another. Whatever the circumstances, it is essential that there is clarity over who is in control during the construction phase in any part of the site at any given time. Where it is not possible for one principal contractor to be in overall control, those principal contractors involved must:

(a) cooperate with one another;

(b) coordinate their work; and

(c) take account of any shared interfaces between the activities of each project (eg shared traffic routes).

I rest my case.


 That point was already raised by myself at the beginning of this thread....

That paragraph clearly states "where two or more projects are taking place on the same site" The OP has already said it is one project. One project one PC. Two projects two PC's (but taking the neccesary precautions).

Re reg 5 it states 'A' (singular) contractor (singular) then there is the very definition of the word principal? 

RayRapp  
#15 Posted : 16 February 2017 10:11:51(UTC)
Rank: Super forum user
RayRapp

john, with respect, you are not reading the guidance properly - see below the definitive point and my bold lettering, it is plural not singular.

Where it is not possible for one principal contractor to be in overall control, those principal contractors involved must:

(a) cooperate with one another;

(b) coordinate their work; and

(c) take account of any shared interfaces between the activities of each project (eg shared traffic).

Edited by user 16 February 2017 10:23:48(UTC)  | Reason: typo

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Steve e ashton on 16/02/2017(UTC)
johnwatt  
#16 Posted : 16 February 2017 10:24:12(UTC)
Rank: Forum user
johnwatt

Originally Posted by: RayRapp Go to Quoted Post

john, with respect youare not reading the guidance properly - see below the definitive point and my bold lettering, it is plural not singular.

Where it is not possible for one principal contractor to be in overall control, those principal contractors involved must:

(a) cooperate with one another;

(b) coordinate their work; and

(c) take account of any shared interfaces between the activities of each project (eg shared traffic).


All healthy disucussion Ray, no issue with this. Its an interesting point. 

I'd disagree, this preceding sentence is qualified by the proviso that this is applicable where there is two seperate projects. 

RayRapp  
#17 Posted : 16 February 2017 10:40:40(UTC)
Rank: Super forum user
RayRapp

We will amicably agree to disagree then.

Now, if you really want to get your teeth into something see the thread in the Members' forum re CDM - only two posts so far with polarised views.

Ian Bell2  
#18 Posted : 16 February 2017 11:05:00(UTC)
Rank: Super forum user
Ian Bell2

Maybe part of the problem is sloppy writing in the CDM L153 guidance.

Even with the plural 'principal contractors' each PC is only responsible for 1 project.

Then back to (a), (b), (c)

johnwatt  
#19 Posted : 16 February 2017 11:10:01(UTC)
Rank: Forum user
johnwatt

Originally Posted by: RayRapp Go to Quoted Post

We will amicably agree to disagree then.

Now, if you really want to get your teeth into something see the thread in the Members' forum re CDM - only two posts so far with polarised views.


We will :)

And I've thrown in my thoughs on the other subject too. Iteresting topic, it directly concerns my profession. 

WatsonD  
#20 Posted : 16 February 2017 11:54:25(UTC)
Rank: Super forum user
WatsonD

Originally Posted by: alan w houghton Go to Quoted Post

Hello eveyone

Quick question my client has asked me if he can have two Principal Contractors on his warehouse at the same time

As they will both need to work inconjunction with each other I said no one needs to be Principal Contractor for the one client.

He has stated a consultant has told me he can - I would like others opinions in this matter please as I thought I was right however I may be wrong and only want to give the right advice tio my client

Thanks


117 There may be occasions where two or more projects are taking place on the same site at the same time, but are run independently of one another. Whatever the circumstances, it is essential that there is clarity over who is in control during the construction phase in any partof the site at any given time.

They are either working independently, or they are working in conjunction with one another; in which case I would say no, I think when push-comes-to-shove you would have to justify very strongly why the site could not be run with one overarching PC. I would imagine that this would also create a greater cost for the project so could only imagine that there would need to be a very strong reason to do this.

Curious1  
#21 Posted : 16 February 2017 12:59:04(UTC)
Rank: Forum user
Curious1

A few years ago I was working in a large car manufacturers.

There were three notifiable independent projects running simultaneously within 400metres, all under the same roof.

There were three PC's and  one CDM.C. as it then was.

johnwatt  
#22 Posted : 16 February 2017 13:16:02(UTC)
Rank: Forum user
johnwatt

Originally Posted by: Curious1 Go to Quoted Post

A few years ago I was working in a large car manufacturers.

There were three notifiable independent projects running simultaneously within 400metres, all under the same roof.

There were three PC's and  one CDM.C. as it then was.


Same scenario here with the PC's, three independant projects so allowable. Would it not have been the case that each of the three projects had nominated the same CDMC?

RayRapp  
#23 Posted : 16 February 2017 16:36:40(UTC)
Rank: Super forum user
RayRapp

Well, kept this quiet, but I worked on Crossrail for two years - one project with multiple PCs. Had it's fair share of problems I must admit.

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Steve e ashton on 16/02/2017(UTC)
chris42  
#24 Posted : 17 February 2017 09:44:54(UTC)
Rank: Super forum user
chris42

Firstly, I admit I not up on CDM as much as others, as I don’t have any real involvement (generally). However, I take an interest in the posts and try and understand the issues.

Please correct this if I am wrong, but I thought previous threads stated there was only room on the F10 for one PC !  (I have never completed one of these, so don’t know from experience).

Also, if the client does not appoint a PC (so by default takes on the duty themselves) they could effectively get the two “contractors” to actually provide all that is necessary for them to fulfil this role (couldn’t they), so they are PC in name only (the other two do all the work). Or is there a downside to this?

So is the answer to the OP =Yes you can or No you can not ?

Chris

fhunter  
#25 Posted : 20 February 2017 09:05:49(UTC)
Rank: Forum user
fhunter

Originally Posted by: chris42 Go to Quoted Post

Firstly, I admit I not up on CDM as much as others, as I don’t have any real involvement (generally). However, I take an interest in the posts and try and understand the issues.

Please correct this if I am wrong, but I thought previous threads stated there was only room on the F10 for one PC !  (I have never completed one of these, so don’t know from experience).

Also, if the client does not appoint a PC (so by default takes on the duty themselves) they could effectively get the two “contractors” to actually provide all that is necessary for them to fulfil this role (couldn’t they), so they are PC in name only (the other two do all the work). Or is there a downside to this?

So is the answer to the OP =Yes you can or No you can not ?

Chris


Correct F10 only allows for one PC to named. 

For the purposes of CDM there can only be One PC for a project, the shaky line we are arguing here is whether the project is one project or two projects in the same area. 

In truth there are loads of different ways you could cut this particular cake, but with regard to the F10, if you wanted to appoint two PCs (and both projects are notifiable) you would need two F10s. 

So to answer OPs question - yes you can supposing you can draw definite lines as to where responsibilities start and end. 

MDawson  
#26 Posted : 27 June 2017 15:45:58(UTC)
Rank: New forum user
MDawson

Hi I'm new to this forum stuff so please bear with me.

Obviously I am responding to a February discussion so I am not sure whether the original persons involved will get this?

I agree it is exceptable to have two PC's on the same site (L153 - 117)

I would like to ask that; if there are two independent projects on one premise, like a school and there will be 2 PC's, can there also be 2 PD's as one project has nothing to do with the other i.e. M&E and Roofing?

Mike

RayRapp  
#27 Posted : 27 June 2017 18:11:19(UTC)
Rank: Super forum user
RayRapp

Hi Mike and welcome.

I don't see why not. Indeed, where two projects are independantly run each with their own PC and presumably CPP, having two PDs make some sense. Ultimately is is about communication and co-operation. In the scenario you have provided the client should ensure a protocol where all parties must work together. 

peter gotch  
#28 Posted : 28 June 2017 12:39:25(UTC)
Rank: Super forum user
peter gotch

Interpretation Act 1978. Any reference to the singular can include the plural and vice versa.

If follows that CDM does not preclude multiple Principal Contractors on adjacent projects or even on the same project.

I sent HSE two F10s on the same day a few weeks ago for the same project to notify two Principal Contractors. Seperate construction works, with geographical separation between these.

Of course, HSE preferred online notification system doesn't work in such a scenario.

boblewis  
#29 Posted : 28 June 2017 13:16:20(UTC)
Rank: Super forum user
boblewis

Just imagine running a company with two CEOs of equal status but with different objectives.  Recipe for disaster.  Exactly the same with 2 PCs on the one project.  Yes there are situations where a number of projects run in the same area BUT they are acceptable because they are independent of each other

MDawson  
#30 Posted : 28 June 2017 13:38:53(UTC)
Rank: New forum user
MDawson

I would also like to add, and to muddy the waters further; I have two separate projects on the same site with two PD's but one PC managing both, which in my opinion is also fine and better than two different PC's. Whats your thoughts on this?

​​​​​​​

MDawson  
#31 Posted : 28 June 2017 13:44:37(UTC)
Rank: New forum user
MDawson

Peter,

With reference to the online F10 and how inflexible it is I wonder how many have been faced with trying to notify a project with only one contractor. I have and you still have to fill in every field with na.  etc and your contact details for the non-relevant duty holders.

I e-mailed the HSE about this and they said just write an explanation in the project description section. I was told by the APS that I was describing a very usual set of circumstances.

I have followed the HSE's notification criteria and L153 but have been in this 'unusual' situation several times since whilst engaging single contractors with in house multi trades.

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